can an employer breach a verbal contract and be held responsible for breach of contract?

Question

I am a pediatric dental hygienist for a small childrens dental office which is family owned and operated by 2 brothers. My bosses ok'd me to leave early for my classes this semester, but now they are saying I can not go and changed their mind. They knew upon hiring me that I was a full time college student and were ok with it. They even had no issues this past semester with my schedule. But now they are telling me I can't go. School starts Tuesday and I don't know what to do? Should I just leave? They know how important my education is to me, and they say they support continuing education to the community, they even signed a letter for my tuition assistence from a local dental society stating I am a full time student and full time employee. But now they are going back on their word. I signed a contract stating if I leave within the year they have the right to keep my last paycheck, to reimburse them for one required course I had to take upon employment. But I can't afford to lose money

Answer 1

I would say put your education first,It's far more important in the long run.I'm not a lawyer so I can't give you legal advice but I encourage you to try one last time to work something out with them.If not then have confidence that you can find another job.

Good luck,I'll be praying for you!

Answer 2

Here's the bottom line: If you are hard up for cash and can't quit, then you are stuck temporarily. You will have to investigate continuing your education at night, it that's possible in your area.

A lawyer is expensive and a legal contract fight will be very expensive, therefore, not economically feasible, even if you are right in principle. if not in fact.

Next: Quietly start looking for another dental job that is willing to accommodate your schedule. Be honest and explain that at your current job your situation has changed and your current employer can no longer accommodate your school schedule, and tell your prospective employer what that schedule is in advance so there is no misunderstanding. Start looking around 2 months out from your 1 year anniversary with the current employer

Next. If the timing works out, and I hope it does, on your 1 year and 1 day anniversary, you hand in your job resignation. The 2 brothers will be ripped that you fulfilled your contractual obligation and thus they can't seize your last paycheck. Don't let them know where you are going, they will likely attempt to blackball you .

Lastly, remember this experience when you become a dentist with your own practice, so you won't treat the next generation of students like this.

Good luck.....

Answer 3

You said you're self-employed so it seems like you don't need an employment lawyer, you need a contract lawyer. He can't fire you because you don't work for him--you work for yourself-- but he can possibly prevent you from making any money through his operation. I don't see how that would be good for him. He'd rather take 60% than 0%, right? You seem to be generating some business for him so you have some leverage. I'd tell him no and be prepared to walk away. If he really is stuck, tell him you'll take 33% for 6mo's and renegotiate at that point. If he takes that, accept it and start looking for another contract so you'll know where you stand when the 6 mo's is up. Good luck!

Answer 4

In most states, an employer can fire an employee for no reason, and the employee can quit for no reason - this is called 'at will' employment. Most likely, they can fire you if you don't agree to work regular hours. The fact that they made an allowance for you in the past does not require that they continue that practice in perpetuity. My guess is something has changed - either the practice is now busier, or you have been late a lot, or they need to extend their hours - whatever it is, they have a right to change their mind on this one.

Answer 5

that is not a verbal contract, since there is a written contract. a verbal and written contract can't cover the same thing if the verbal agreement was first. you might be able to enforce it in court, but it would be a long legal battle and you would have a small chance of winning.

basically, the only terms you can enforce are what was explicitly stated in the written agreement.

Answer 6

Tough one. I suggest you hit the internet and find a local legal services agency in your area. They may give you some advice for free. Best future advice is to always get something in writing, and have a plan "B".

Good Luck.

Answer 7

Sorry hun, but if you have a written contract, that will ALWAYS beat any oral contract. There is no proof whatsoever of the oral contract. There is strong evidence with the written one however.

Sorry. Lousy situation.

Answer 8

You should speak with an attorney. I would guess that the dentists are within their rights if you leaving early would negatively impact their business.